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'NO CONTACT' ORDERS
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Sometimes, a victim may not
need or want a protective order, but still may want to have some order
from a court indicating that the defendant have no contact with the
victim. There are two basic types of ‘no contact’ orders: ‘no
contact’ as a condition of bond, and ‘no contact’ as a condition
of a suspended sentence. For the first type of ‘no contact’ order,
the defendant is allowed to be bonded out of jail on the condition that
he stays away from the victim and has no contact with him/her. If s/he
violates this order, his/her bond can be revoked and s/he can go back to
jail until the date of the trial. For ‘no contact’ orders that are a
condition of a suspended sentence, the defendant would have to have a
conviction. As a result of the condition, s/he received some time in
jail; the court does not make him serve all the time. Instead, s/he is
allowed to stay out of jail only as long as s/he stays away from the
victim and does not have contact with him/her. If the defendant violates
this order, s/he can have the suspended time revoked, and the court will
order him/her to serve the remainder of the jail sentence.
Important information to consider:
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It is almost always up to the victim to advise the Commonwealth’s
Attorney’s Office or the Victim-Witness Assistance Program if a ‘no
contact’ order has been violated.
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To revoke a bond, or suspended sentence, the Commonwealth has to
initiate a Show Cause Proceeding; the defendant generally cannot simply
be arrested. These proceedings may take days to weeks.
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Like a protective order, a ‘no contact’ order is never a
guarantee that the defendant will abide by the
court’s orders.
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